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2021 Supreme(J&K) 279

ALI MOHAMMAD MAGREY
Bilal Ahmad Ganai – Appellant
Versus
Sweety Rashid – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M. A. Qayoom, Advocate
For the Respondent:Mr. Mohsin Qadri, Sr. Advocate with Ms. Ahra Syed, Advocate.

JUDGMENT :

1. The petitioners have filed this petition invoking the jurisdiction of the Court under Article 227 of the Constitution of India with the prayer to set aside the orders dated 29.04.2021 and 07.09.2021 passed by the learned Additional Sessions Judge, Budgam.

2. It is seen that by order dated 29.04.2021 the learned Additional Sessions Judge has decided the Criminal Appeal no.181/2021 titled Sweety Rashid & ors. v Bilal Ahmad Ganai & ors., filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005, and set aside the order dated 26.03.2021 passed by the learned Judicial Magistrate, 1st Class (Sub-Judge), Chadoora, whereby the trial Magistrate had dismissed the complaint on the ground that it did not have the territorial jurisdiction to entertain the complaint. The order dated 07.09.2021 has been passed by the learned Additional Sessions Judge in Civ. Misc. App no.848/2021 moved before that court when the appeal had long before been decided and there was no lis pending before that court pertaining to the matter.

3. Narration of the relevant background facts becomes imperative. Petitioner no.1 and respondent no.1 were married in the year 2012. Respondents

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